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"Refugee Roulette" gives insight into asylum adjudication process
By Gitanjali Hazarika

With the Department of Homeland Security (DHS) and Department of Justice's (DOJ) decision-makers varying widely on the rates at which they grant asylum and disparities writ large, these asylum seekers take a potluck at a chance to win refuge in the U.S.

"Refugee Roulette," is a new study by Temple University Beasley School of Law Professor Jaya Ramji-Nogales, and Georgetown Law Professors Philip G. Schrag and Andrew I. Schoenholtz on how "luck beats merit" in ascertaining whether these refugees would win shelter in the U.S.

Refugee Roulette analyzes the databases of merits decisions from all four levels of the asylum adjudication process. These decisions include 133,000 decisions taken by 884 asylum officers over a seven-year period. Furthermore, a total of 225 immigration judges in more than four years took 140,000 decisions; 126,000 decisions were taken by the Board of Immigration Appeals in a span of six years; and while during 2004-2005, altogether 4,215 decisions were taken by the U.S. Courts of Appeal. The analyses of all these decisions reveal considerable disparities in the grant rates. It was also noted that often the clerk randomly assigned an application to a particular asylum officer or immigration judge at the most crucial moment in an asylum case.

The study also tries to "explore correlations between sociological characteristics of individual immigration judges and their grant rates" based on public biographies. It reveals that the outcome of asylum cases was highly affected by factors including personality, background, and prior experience of the adjudicator, rather than the merits of the claims. While the "Refugee Roulette" does not recommend enforced quota systems for asylum adjudicators, it recommends for a more comprehensive training, better and effective and "independent appellate review and other reforms that would further professionalize the adjudication system."

The study will be published in the Stanford Law Review this November.

Posted on: 06/05/2007 04:42 AM | Number of feedback 1

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